The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1887-09-03
WHOLE No. 1925

states being removed, a removal of ma
tural ones ought to follow. The necessity
of the power was denied by King. at
! is necessary" answered Wilson, ''to
prevent state from obstructng the
general welfare" 1.-THE states" reioin-
| ed King, will be divided into parties TO
! grant charters Of incorporation, in Phila.
delphia and New York to a bank, in
other places to mercantile mOnopolies."
! Wilson mentioned the Importance of
! facilitating by canals the communication
with the western settlements. The mo-
ton, even when limited to the case of
canals, gained no votes but those of Penn
{ syivania, Virginia. and Georgia.
Madison and Charles Pinckuey asked
for congress permission to establish a
university i'll which no preferences should
be allowed on account of religion. The
exclusive power of congress at the seat
of government will reach the object"
said Gouverneur Morris. The motion
was sustained only by Pennsylvania, Vir-
! ginia, and North and South Carolina; in
Connecticut, johnson divided against
! sherman.
la framing the constitution, Madison
kept in mind that the functions Of the
| general government should extend to the
prevention of 'trespasses of tho states on
the rights of each other" The rights of
individuals, - he said in the convention,
care infringed by many of the state laws,
such as issuing paper money, and insti-
| tuting mode to discharge debts differ
ing from the form of tue contract 1t
has already been told how the delegates
from Connecticut had agreed among
themselves, that the legislatures of the
individual states ought not to possess a
right to make any laws for the discharge
of contracts in any manner different from
the agreement of the parties" Stringent
clauses in tho constitution already prohi-
blted paper money. For the rest, King,
as we have seen, proposed clause for
bidding the states to interfere in private
contracts; but the motion had been con-
demred as reaching too far; and instead
of it, at the instance of Rutledge, the
convention denied to the states the power
ito pass bills of attainder or CT post fuct0
laws. In this manner it was supposed
that laws for closing the courts, or au-
thorizing the debtor to pay his debts by
more convenient instruments than he had
covonanted for, were effectually prohibit
ted. But Dickinson, as we have seen,
after consulting Blackstone, mentioned
to the house that the term CT post .factO
related to criminal cases only; and that
restraint of the states from retrospective
law in civil cases would require some
| further provision. Before an explanatory
provision had been made, the section
came into the hands of the committee on
revision and style. That committee had
no authority to bring forward any new
| proposition, but only to make corrections
| of style. Gouverneur Morris retained
the clause forbidding CT post tact0 laws;
and, resolute not ''to oountenance the is
sue OF paper money and the consequent
violation of contracts" he of himself adj
ded the words: "No state shall pass
laws altering or impairing the obligation
of contracts" The convention reduced
the explanatory words to the shorter
| form: "No state shall pass any law i'm
pairing the obligation of contracts" In
this manner an end was designed to be
made to barren land laws, laws for the
instalment of debts, and laws closing the
courts against suitors.
| GA the fifteeth, from fresh information,
it appeared to Sherman that North Caro-
lima was entitled to another representa-.
tive; and Langdon moved to allow one
more member to that state, and likewise
one more to Rhode Island. IF Rhode
Island is to be allowed two members"
said King, Il can never sign the consti-
tution.'
Charles Pinckney urged separately the
| just claim of North Carolina; on which
| Bedford put in a like claim for Rhode
Island and for Delaware; and the origi-
nal proposition was hopelessly defeated.
Randolph and Madison disliked eav-
ing the pardon for treason to the presi-
dent alone; but the convention would not
suffer the legislature or the senate to
| share that power.
The committee of revision had de-
scribed a fugitive slave as "a person
| legally held to service or labor III one
state" The language seemed to imply
| that slavery was legal condition; the
last word Of the convention relating to
subject defined the fugitive slave to be
"a person held to service or labor in one
state under the laws thereof" making it
clear that, IN tho meaning of the consti-
tuition, slavery was local and not federal.
The convention, gave the last touches
to the modes of amending the constitu-
ton. In August the committee of detail
had reported that, 'on the application of
| the legislatures of two thirds of the state
| in the union the legislature of the United
States shall call convention for that
| purpose" On the thlrtieth day of Au-
gust, Gouverneur Morris had suggested
| that congress should be at liberty to
call a convention whenever it pleased"
Gan easier mode of introducing amend
ments," said Hamilton, reviving the
question, lis desirable. The state legis-
| latures will not apply for alterations but
with view to increase their own powers.
| The national legislature viii be the FIRST
to perceive the necessity of amendments;
and on the concurrence of each branch
| ought to be empowered to call conven-
ton, reserving the final decision to the
people," Madison supported Hamilton.
Here Sherman suggested an alterna-
tive: the Legislature may propose amend
ments directly to the several states, not
to be binding until consented to by them
| all. ITO be binding when consented to
| by two thirds of the several states, in
terposed Wilson. To facilitate amend
ments, the convention authorized two
| thirds of congress to introduce amend
ments to the constitution; but, to prevent
| hasty changes, required for their ratfi-
cation the assent of three fourths of the
| legislatures or conventions of the states.
Madison, summing up the ideas that
| had found favor, moved that the legisla-
ture Of the United States, upon vote of
| two thirds of both houses, or upon the